issued by the Registrar of the Court
ECHR 265 (2024)
14.11.2024
Judgments and decisions of 14 November 2024
The European Court of Human Rights has today notified in writing 23 judgments1 and 64 decisions2:
two Chamber judgments are summarised below;
21 Committee judgments, concerning issues which have already been examined by the Court, and
the 64 decisions, can be consulted on Hudoc and do not appear in this press release.
The judgments summarised below are available only in English.
Afgan Mammadov v. Azerbaijan (application no. 43327/14)
The applicant, Afgan Mammad oglu Mammadov, is an Azerbaijani national who was born in 1962
and lives in Baku.
The applicant was a lawyer and a member of the Azerbaijani Bar Association (“the ABA”). The case
concerns his disbarment in 2013.
Disciplinary proceedings had been brought against him after he had made a complaint to the
Presidium of the ABA accusing another lawyer of corruption and abuse of power – notably selling
warrants to the investigating authorities. He had refused to participate in those proceedings in
person, calling into question the legitimacy of the Presidium and its chairman. The national courts
endorsed the Presidium’s findings that the applicant’s actions had been incompatible with advocacy
and legal-professional ethics.
Relying in particular on Article 10 (freedom of expression) of the European Convention on Human
Rights, the applicant alleges that the disciplinary proceedings against him and his disbarment were in
violation of his rights.
Lastly, relying on Article 46 (binding force and implementation) of the European Convention, the
applicant asked the European Court to request that his membership of the ABA be restored.
Violation of Article 10
Just satisfaction:
non-pecuniary damage: 5,000 euros (EUR)
costs and expenses: EUR 1,000
Zakrzewski v. Poland (no. 63277/19)
The applicant, Łukasz Zakrzewski, is a Polish national who was born in 1990 and lives in Zakrzów
(Poland).
1
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber
judgment’s delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a
panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and
deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the
Convention, judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.
Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution
2
Inadmissibility and strike-out decisions are final.
Mr Zakrzewski was convicted in 2017 for unlawful possession of 5 kg of marijuana and sentenced to
two years’ imprisonment. The case concerns the increase in his prison sentence as a result of a
cassation appeal lodged by the Minister of Justice/Prosecutor General, when he had already served
more than half of the original sentence and been released from prison on parole.
The case will be examined under Article 6 § 1 (right to a fair trial) of the Convention. Mr Zakrzewski
argues in particular that the proceedings in his case had been reopened after the judgment
convicting him had become final and he had been released on parole, solely because the courts
differed in their assessment of the leniency of the penalty to be imposed and not because any
fundamental defect had been discovered in his first trial.
Violation of Article 6 § 1
Just satisfaction:
non-pecuniary damage: EUR 6,000
costs and expenses: EUR 1,650
This press release is a document produced by the Registry. It does not bind the Court. Decisions,
judgments
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2